Non-disclosure of misconduct involving harassment or discrimination

The government wants to prevent employers from misusing agreements between them and a worker (which includes employees) to silence any misconduct involving harassment or discrimination.

Unless an agreement (such as a contract of employment, settlement agreement or non-disclosure agreement) qualifies as an 'excepted agreement' (see below), any provision in it will be void if it:

• Prevents the worker from making an allegation or disclosure relating to harassment or discrimination
• Relates to an employer's response to the harassment or discrimination (which is likely to be victimisation)
• Relates to the making of an allegation or disclosure.

'Harassment' includes all the protected characteristics, other than pregnancy and maternity or marriage or civil partnership, and sexual harassment.

Subject to the outcome of a consultation (which closed on 8 July 2026 with the government yet to reply), to be an 'excepted agreement':

• The agreement must only relate to conduct that has already taken place (i.e. not future acts).
• The worker must receive independent legal advice.
• The worker must consent in writing to the non-disclosure after receiving that advice.
• The worker must then be given a 14-day cooling off period during which they can withdraw from the agreement without penalty.
• All parties must then be given a written and accessible copy of the agreement.

New legislation will be needed to implement all the above, which may also:

• Extend the protections to independent contractors and individuals on work experience or training.
• Allow workers to make disclosures to certain prescribed people (such as to law enforcement, victim support services, legal advisers, regulators, medical professionals and close family members) despite signing an excepted agreement.